Chapter 8.35
ENFORCEMENT, PERMITS AND PENALTIES
Sections:
8.35.020 Inspection – Appeals.
8.35.010 Enforcement.
The Planning Commission, the City Council and such other departments and agencies and officials of the City as are specified under the provisions of this title are hereby designated and authorized as the agencies charged with the enforcement of the provisions of this title and shall enter such actions in court as are necessary. Failure of such departments to pursue appropriate legal remedies shall not legalize any violation of such provisions. [Ord. 13-02 § 1 (Exhibit); amended 1997; Code 1971 § 8-7-1.]
8.35.020 Inspection – Appeals.
(A) Appropriate agencies and departments and officials of the City shall inspect or cause to be inspected all buildings, street improvements, fire hydrants and water supply and sewage disposal systems in the course of construction, installation or repair.
(B) Excavations for fire hydrants and water and sewer mains and laterals shall not be covered or backfilled until such installation shall have been approved by appropriate department, agency or officials. If any such installation is covered before being inspected and approved, it shall be uncovered after notice to uncover has been issued to the responsible person by the Inspector.
(C) A permit holder or an aggrieved person with standing may appeal an inspector’s approval or disapproval by sending notice of that appeal to the Public Works Director within 48 hours of the decision being conveyed to the permit holder. The Planning Commission shall consider the matter during a regularly scheduled meeting, and the City shall provide notice of that meeting to the permit holder and appellant, at least seven days prior to the hearing. The appellant shall bear the burden of establishing the error by producing clear and convincing evidence supporting a decision to overturn the inspector’s decision. [Ord. 21-11 § 1 (Exh. A); Ord. 13-02 § 1 (Exhibit); amended 1997; Code 1971 § 8-7-2.]
8.35.030 Permits.
From the time of the effective date of this title, the Building Official shall not grant a permit, nor shall any City office, department or agency grant any license or permit, for the use of any land or the construction or alteration of any building or structure on a lot which would be in violation of any provisions of this title until a subdivision plat therefor has been recorded or approved as herein required. Any license or permit issued in conflict with such provisions shall be void. [Ord. 13-02 § 1 (Exhibit); amended 1997; Code 1971 § 8-7-3.]
8.35.040 Violation.
No person shall subdivide any tract or parcel of land located wholly or in part in the City except in compliance with the provisions of this title. No person shall purchase, sell or exchange any parcel of land which is any part of a subdivision or a proposed subdivision submitted to the Planning Commission, nor offer for recording in the office of the county recorder, any deed conveying such parcel of land or any fee interest therein, unless such subdivision has been created pursuant to and in accordance with the provision of this title. [Ord. 13-02 § 1 (Exhibit); amended 1997; Code 1971 § 8-7-4.]
8.35.050 Penalty.
Whoever shall violate any of the provisions of this title shall be guilty of a misdemeanor and, upon conviction of any such violation, shall be punishable by a fine of not more than $1,000, or by imprisonment for not to exceed six months, or by both fine and imprisonment or by the penalty for transfer and sale of property provided in Section 10-9a-802, Utah Code Annotated 1953, except that in all cases where a corporation would be punishable as for a misdemeanor, and there is no other punishment prescribed by ordinance, such corporation is punishable by a fine not exceeding $1,000; provided further, that each violation of this title shall be considered a separate offense, and each day such violation is permitted to exist shall constitute a separate offense. [Ord. 21-30 § 1 (Exh. A); Ord. 13-02 § 1 (Exhibit); amended 1997; Code 1971 § 8-7-5.]
8.35.060 Severability.
If any provision of this chapter or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of this chapter which can be given independent effect. To this end, the provisions of this chapter are severable. [Ord. 13-02 § 1 (Exhibit).]